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Mr. Phillips welcomes E-mail from visitors to this website, especially dog bite victims and their families. He responds personally and answers questions for free. Click here to write to him and receive his personal reply within hours (his E-mail address is kphillips@dogbitelaw.com). Reporters seeking interviews or information are welcome to click here. Mr. Phillips is widely recognized as the nation's leading authority on dog bite law. A frequent guest on CNN, NBC, CBS, ABC, MS-NBC, Fox News Channel, and Court TV, he has been called "the dog bite king" (Today Show and Lawyers Weekly), "a leading expert in dog bite law" (Good Housekeeping), and "the nation's best known practitioner of terrier torts" (Los Angeles Times). Find out more about him at Meet Kenneth Phillips. Overview of Dog Bite Law :American dog bite law consists of civil and criminal law, found in state statutes, county and city ordinances, and court decisions The laws vary widely among jurisdictions. The key issue in a dog bite case is the extent to which the jurisdiction follows the old English "one bite rule." This ancient law shields a dog owner or harborer from liability, civilly and criminally, until he has a certain degree of knowledge that his dog is dangerous or vicious. Upon learning this, however, the rule makes the owner strictly liable for bite injuries. Injuries caused by negligent handling or confinement of a dog, or by violating a leash law, make a dog owner liable in almost all states. In roughly two-third of the states, a dog owner also has statutory liability for bites, meaning that simply owning the dog makes the owner liable, as long as the victim was not trespassing and did not provoke the dog. To learn about the civil laws, start at Legal Rights of Dog Bite Victims in the USA. For criminal laws, go to Dangerous and Vicious Dogs. For model laws that create a fair balance between the rights of the community and dog owners, see Model Dog Bite Laws. To help decide what to do after a dog bite, read Does an Adult Need a Lawyer for a Dog Bite Claim? or Should Parents Get a Lawyer for Their Injured Child? To learn the statistics and how to prevent dog bites, go to the list of topics in For Journalists, Lawmakers and Academics. Dog Attack Danger Scale:Dog attacks are associated with one or more of the following circumstances:
The presence of any one factor indicates danger. Two or more factors should be avoided at all costs. For more information, see Dangerous and Vicious Dogs, Why Dogs Bite People, and Preventing Dog Bites. Search the Dog Bite Law Website :Try the Index, the Glossary, or Google Search:
In the news:Persons killed by dogs in January 2009: One American has been killed by a dog this month. On January 6, 2008, a five year old girl in Thomasville, Georgia, was mauled to death by her parent's pit bulls while she was playing in her own back yard. Chyenne Peppers was playing in the yard of her home when the family's three pit bulls attacked her. Her parents were home at the time, but were inside their house. Georgia is a one-bite state. Read The Dog Bite Victim Log for information and commentary on this case and Georgia law in general. The death count: The USA has sustained 1 fatal dog attack in 2009, 23 in 2008, and 33 in 2007. For details (including a month-by-month breakdown of canine homicides since July 2006) see Dangerous and Vicious Dogs. For Attorney Kenneth Phillips' commentaries about "canine homicides" and related issues, go to The Dog Bite Victim Log.
By contrast, the same period saw only 27 fatal attacks in the other 29 states, which are the ones that have rejected the one bite rule in whole or in significant part. In other words, the states that do not impose strict liability have more fatal dog attacks. That statistic supports the view that the one bite rule needs to be abolished in the USA. This old English law demands little or no vigilance on the part of dog owners. A single dog owner can own one biting dog after another, without fear of civil liability, because every dog gets that one free bite, mauling or killing. To learn more about the deadly one bite rule, click here. Twenty-nine American states have completely rejected the one bite rule because its primary effect in modern times is to prevent dog bite victims from making insurance claims for anything more than medical expenses. Dog bites are covered by liability insurance, such as homeowners, renters and some umbrella insurance policies, but the victim still must prove that his claim rests on legal grounds. The one bite rule makes this difficult or impossible in many cases, and therefore benefits insurance companies at the expense of the injured, who are mostly children. There should be no right to bite. The one bite rule should be rejected in every state and every country. Children in one bite states like Texas, North Carolina and Maryland are entitled to the same rights as kids in strict liability states. Famous dog bite cases: The Diane Whipple case (People v. Knoller). The Lilian Stiles case (Texas v. Jose Hernandez). For more news and opinion: Read The Dog Bite Victim Log, the "editorial section" of Dog Bite Law. Hard-hitting and opinionated, it covers the daily news about dogs (from killings of humans, to cruelty, to new and sometimes terrible laws for dog owners), and presents Attorney Kenneth Phillips' brutally incisive opinions about laws, mistakes and moral issues involving dogs. |
www.dogbitelaw.com and each of its sections and products, including Dog Bite Law, The Dog Bite Law Adviser, Dog Bite Litigation Forms, What To Do If Your Dog Is Injured Or Killed, Avoiding Liability When You Train, Shelter or Adopt-Out, Anatomy of a Dog Bite Case, and the foregoing text, are (c) 1999-2008 Kenneth M. Phillips. All rights reserved. Reproduction in whole or part prohibited except where advance permission is granted in writing. Please read the disclaimer and our rules for linking and quoting. Reporters seeking interviews are welcome to click here. |